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4. LIMITED WARRANTY.
Only during the warranty period for the
Phone, Toshiba, Toshibas affiliate, its suppliers or its
authorized service company will repair or replace, at Toshibas
sole discretion, defective Software unless such defect results
from acts or phenomenon beyond the reasonable control of
Toshiba.
5. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT
LEGALLY PERMITTED, IN NO EVENT SHALL TOSHIBA,
TOSHIBA’S AFFILIATES OR THEIR SUPPLIERS BE LIABLE
TO YOU FOR ANY DAMAGES FOR (A) LOST BUSINESS OR
REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS
DATA; OR (B) CONSEQUENTIAL, SPECIAL, INCIDENTAL OR
INDIRECT DAMAGES OF ANY KIND (WHETHER UNDER
CONTRACT, TORT OR OTHERWISE) ARISING OUT OF: (I)
THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF
TOSHIBA, TOSHIBA’S AFFILIATES OR THEIR SUPPLIER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES; OR (II) ANY CLAIM BY A THIRD PARTY. SAVE
AS SET OUT IN THIS SECTION, TOSHIBA’S ENTIRE
LIABILITY UNDER THIS EULA SHALL NOT EXCEED THE
PRICE PAID FOR THE SOFTWARE, IF ANY.
THE ABOVE DISCLAIMER AND LIMITATION DOES NOT
EXCLUDE OR LIMIT (A) LIABILITY FOR DEATH OR PERSONAL
INJURY CAUSED BY NEGLIGENCE OR (B) ANY MANDATORY
LEGAL RIGHT OR LIABILITY TO THE EXTENT THAT IT CANNOT
BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
PLEASE MAKE AND RETAIN A COPY OF ALL DATA YOU HAVE
INSERTED INTO YOUR PRODUCT, FOR EXAMPLE NAMES,
ADDRESSES, PHONE NUMBERS, PICTURES, RINGTONES ETC,
BEFORE SUBMITTING YOUR PRODUCT FOR A WARRANTY
SERVICE, AS SUCH DATA MAY BE DELETED OR ERASED AS
PART OF THE REPAIR OR SERVICE PROCESS.
6. Export Laws
. Any use, duplication or disposal of the Software
involves products and/or technical data that may be controlled
under the export laws of applicable countries or region and may
be subject to the approval of the applicable governmental
authorities prior to export. Any export, directly or indirectly, in
contravention of the export laws of applicable countries or
region is prohibited.
7. Third Party Beneficiary
. You agree that certain suppliers of the
Software to Toshiba have a right as a third party beneficiary to
enforce the terms of this EULA against you as a user.
8. Transfers
. The Software may be transferred only as installed on
the Phone to a lawful third party user, where that party accepts
the terms of this EULA which will continue to apply.
Warranty
Your Toshiba mobile telephone contains no user serviceable parts.
For further information on service please contact your retailer or
service provider.